American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action in assumpsit by the Birmingham Tailoring Company against the American Cast-Iron Pipe Company. Judgment for plaintiff, and defendant appeals. The basis of the suit is an assignment by Jim Sadler of wages to he earned between the last day of May and the 5th day of June, 1915, the amount being $5.50, and contains an order to defendant to pay same to plaintiff.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action in assumpsit by the Birmingham Tailoring Company against the American Cast-Iron Pipe Company. Judgment for plaintiff, and defendant appeals. The basis of the suit is an assignment by Jim Sadler of wages to he earned between the last day of May and the 5th day of June, 1915, the amount being $5.50, and contains an order to defendant to pay same to plaintiff. The findings set out are in effect that the assignment was given for the amount and on the date set out; that the assignment was given for the price of a coat bought…
1Opinion of the CourtSamford, J.
[1, 2] Upon the trial the defendant requested the court, before whom the case was being tried without a jury, to make a special finding of facts, under section 5360 of the Code of 1907. Where this is done the appellate court will not examine into the extrinsic facts, to see whether or not from the evidence introduced the facts were correctly found by the court; but in reviewing the judgment the appellate court will be confined to determining whether or not, upon .the facts found and set forth in the special finding, the trial court rendered the proper judgment. Chandler & Jones v. Crossland,…
2Cases cited3 opinions
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- Johnson v. McFryAlabama Court of Appeals · 1915
3Cited by7 opinions
- Jones v. HinesSupreme Court of Alabama · 1920
- Consolidated Motor Co. of Alabama v. MalikSupreme Court of Alabama · 1922
- J. R. Raible Co. v. City Bank & Trust Co.Alabama Court of Appeals · 1927
- Tennessee Coal, Iron R. Co. v. PopeAlabama Court of Appeals · 1925
- American Ry. Express Co. v. BarnesAlabama Court of Appeals · 1921
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